Case C-172/16: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 25 March 2016 — Ljiljana Kammerer, Frank Kammerer v Swiss International Air Lines AG

13.6.2016 EN Official Journal of the European Union C 211/31 Question referred Is the notion of ‘shape’ within the meaning of Article 3(1)(e)(iii) of Directive 2008/95/EC (1) (‘Form’, ‘vorm’ and ‘forme’ in the German, Dutch and French language versions of the Trade Marks Directive respectively) limited to the threedimensional properties of the goods, such as their contours, measurements and volume (expressed three-dimensionally), or does it include other (non three-dimensional) properties of the goods, such as their colour? (1) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version) (OJ 2008 L 299, p. 25). Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 25 March 2016 — Ljiljana Kammerer, Frank Kammerer v Swiss International Air Lines AG (Case C-172/16) (2016/C 211/40) Language of the case: German Referring court Amtsgericht Düsseldorf Parties to the main proceedings Applicants: Ljiljana Kammerer, Frank Kammerer Defendant: Swiss International Air Lines AG Question referred Is the Agreement on air transport between the Swiss Confederation and the European Community of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that Regulation (EC) No 261/2004 (1) is also applicable, in accordance with Article 3(1)(a)...